Masonry Magazine May 1974 Page. 20
Equal Employment Opportunity
(Continued from page 17)
• Second, the courts have established that proof of discrimination does not require proof of intent to discriminate, notwithstanding a provision in Title VII requiring that as a prerequisite to injunctive relief or award of back pay the employer be found to have "intentionally" engaged in an unlawful employment practice. The courts interpreted this provision as requiring only that the employment practice not be accidental, and the Supreme Court has adopted this interpretation.
• Third, it has been widely held that purportedly neutral practices which are not related to job performance are unlawful if the practices create a statistical racial imbalance or perpetuate the effects of past discrimination. This principle was adopted by the Supreme Court in the 1971 decision of Griggs v. Duke Power Company.
The development of these principles has been used in proving cases of discrimination and will be applied in the future in challenging the so-called more subtle forms of employment discrimination.
Title VII contains specific references to labor unions and apprenticeship programs. In one case qualified black applicants were given full journeyman status and immediate admission into union membership without meeting testing or other requirements. Unions have been ordered to redetermine the limitations on the size of the membership. They have been ordered to alter their referral systems so as to refer minority group applicants as if they were full members of the unions on an alternating black-white basis, on the basis of work experience alone without regard to union experience, or on a first-in, first-out basis.
Unions have been ordered to place partially skilled minority workers on the job in order to obtain further experience to qualify them as journeymen. One union was ordered to expand the number of members admitted each year and to use the new admissions to correct the percentage disparity in its membership. Apprenticeship programs have been ordered to admit minority group applicants into already existing apprenticeship classes.
Conclusion
We have set forth a summary of the major laws affecting your operations that is reproduced by special permission from Fair Employment Practices, copyright 1973 by the Bureau of National Affairs, Inc., Washington, D.C. Every member of the MCAA should know that employment discrimination law is in a period of rapid development. In view of these continuing developments, the need for information to keep abreast is apparent. You will, from time to time, receive additional information with respect to these laws, and any inquiries should be directed to the executive office of your association in Chicago.
The Alza Building
Palo Alto, California
San Francisco architects McCue Boone Tomsick designed this exemplary laboratory-office structure in Palo Alto, Calif. Named the Alza Building, it architecturally features a long-span structural steel frame in a module suitable for both functions. The warm, red brick veneer over precast concrete panels are used for infill walls. Unusual sunshades of the same brick veneer protect large glass areas on the east and west sides of the building. On these sides, walls are set back from the building line to increase the effectiveness of the sun controls. The masonry units also serve to relieve the angularity of the steel frame as well as to provide a sense of solidarity. The Alza Building houses a corporation engaging in esoteric research for methods of introducing medicines into human systems as well as pharmaceutical laboratories.
BRICK GIFTS-Harry W. Smith (center) of the Maryland Science Center Executive Development Committee accepts $1,000 checks each from Bob Schlenker (left), executive director of the Masonry Institute of Maryland, and Joseph DiCarlo, business manager of the Bricklayers' and Masons' Local No. 1 of Maryland. The donations, the equivalent of purchasing 80 bricks in the Science Center for $25 each, will go toward completing and properly equipping the new science museum and planetarium. DiCarlo and Schlenker said their organizations "strongly support the plan to bring an outstanding science center like this one to Baltimore's Inner Harbor Area."
Architect: McCue Boone Tomsick
Structural Engineer: John A. Blume & Associates
General Contractor: F. P. Lathrop Construction Co.
Landscape Architect: Sisaki Walker Associates
masonry
May, 1974